How do I pursue a debt ?

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chanel
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by chanel » Thu Oct 19, 2017 3:37 am
A client owed money spanning from April 2017- June 2017 and has in place an IVA from 12th July (which I only found out today.) Although we spoke about recovering the costs the client informed me she had an IVA however no evidence was provided so today i sent off a small claim through the small claims court. Not long after information from the IVA stating she had one came through and all correspondence should be sent to them? Can I include the court fee in her costs. I can show this was claimed for before she sent the information through and the IVA got in touch. The IVA have asked to complete a form now should I continue to do this or pursue through the small claims?
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Foggy
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by Foggy » Thu Oct 19, 2017 6:51 am
You cannot pursue through the small claims court but have to deal with the IP. If the IVA commenced without your being informed and allowed to vote you can complain, but what can be done will depend upon the amount you are owed in relation to other creditors.
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Michael Peoples
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by Michael Peoples » Thu Oct 19, 2017 8:21 am
If your debt was deliberately left out and was not an oversight you could demand that the IP deems this to be a material irregularity. As Foggy says a lot depends on the size of the debt as to whether it is worth proceeding down the legal route and potentially costing yourself more.
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